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2016-29421 Reso RESOLUTION NO. 2016-29421 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO RECAPTURE AND REALLOCATE $81,080 OF HOME INVESTMENT PARTNERSHIP (HOME) FUNDS TO THE CITY'S LONDON HOUSE APARTMENTS PROJECT TO ENSURE COMPLIANCE WITH UNITED STATES HOUSING AND URBAN DEVELOPMENT DEPARTMENT (HUD) RULES AND REGULATIONS REGARDING THE TIMELY EXPENDITURE OF FUNDS. WHEREAS, the City is an entitlement recipient of HUD formula grant programs as follows: Community Development Block Grant (CDBG) funds, and HOME Investment Partnership (HOME) funds; and WHEREAS, CDBG funds are used to provide vital public services, housing activities, code enforcement, and improvements to public facilities; HOME funds are used for affordable housing activities, including multi-family rentals; and WHEREAS, the City expects to continue to receive entitlement funds from these grant programs to operate the City's housing and community development activities; and WHEREAS, the Action Plan for Federal funds is a requirement under HUD's formula grant programs, which include the CDBG and HOME Program; and WHEREAS, HOME and CDBG stipulate that funds be expended within timeliness guidelines as delineated in 24 CFR Part 570 and 24 CFR Part 92, among others; and WHEREAS, the rehabilitation of the Barclay Apartments Project (Barclay Project) by Miami Beach Community Development Corporation (MBCDC) was terminated and the City acquired title to the property; and WHEREAS, HOME funds, in the amount of $81,080, were committed to the Barclay Project for MBCDC to rehabilitate the Barclay Apartments and have not been expended; and WHEREAS, those HOME funds remain committed to MBCDC in the HUD Integrated Disbursement and Information System (IDIS) and could jeopardize the City's ability to meet the HUD expenditure deadlines; and WHEREAS, the City wishes to recapture the HOME funds and award the funds to the London House Apartments Project; and WHEREAS, the London House Apartments project, for which the City has taken ownership, has a shortfall in available funds to complete the rehabilitation; and WHEREAS, the City Manager is the designated agent for all HUD formula grants, and executes the grant applications, grant agreements, and other applicable HUD documents on behalf of the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City Manager to recapture and reallocate $81,080 of HOME Investment Partnership (HOME) funds to the City's London House Apartments Project to ensure compliance with United States Housing and Urban Development Department (HUD) rules and regulations regarding the timely expenditure of funds. PASSED AND ADOPTED this 8 day of game— , 2016. ATTEST: CIT CLER' �, .B�.y.,9 p4i�0 7. MAY! ,.„, iNCORP ORATED: p A < APPROVED AS TO . ;', . �� ..• 'Oj FORM & LANGUAGE • —•• 9;1c F R EXECUTION s. City Attorney y/' e T:\AGENDA\2016Uune 8\Housing and Community Services\Barclay HOME Funds Recapture Reso COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida,approving and authorizing the City Manager to recapture and reallocate$81,080 of HOME Investment Partnerships(HOME)funds to the London House Apartments project to ensure compliance with the United States Housing and Urban Development Department(HUD) rules and regulations regarding the timely expenditure of funds. Key Intended Outcome Supported: Increase access to workforce or affordable housing. Supporting Data (Surveys, Environmental Scan, etc.): Based on the Community Satisfaction Survey, 33% of businesses rated the lack of affordable housing in Miami Beach as their most important challenge. Issue: Shall the City approve the recapture and reallocation of HOME Program funds for the rehabilitation of the London House Apartments Item Summary/Recommendation: As an entitlement community, the City receives an annual allocation of HUD funding. HUD requires entitlement jurisdictions to submit a Five-Year Consolidated Plan which establishes the strategic framework upon which the City utilizes its funds. The Consolidated Plan is augmented and refined by the City's annual submission of a One-Year Action Plan which delineates the specific projects and activities funded by each year's HUD allocation. The City has historically used HOME funds for multi-family rental housing. The City previously awarded $500,000 of FY 2010/2011 HOME funds to Miami Beach Community Development Corporation's(MBCDC)Barclay Apartments project.Currently$299,722 has been drawn and expended by MBCDC in the project, leaving a balance of$200,278. At the April 9, 2014 City Commission meeting, through Resolution No. 2014-28536,$119,198 of that balance was recaptured.At that time, MBCDC still controlled ownership of the property and the future of the property was unclear, so the remaining $81,080 remained committed to the project. Since the City has now taken ownership of the Barclay Apartments,the MBCDC project terminated,and the City does not intend to develop the property for individuals/families with household income at or below 80% of Area Median Income(AMI),the funds must be recaptured from the MBCDC project and recommitted in the IDIS system to a HOME- eligible housing project. The Commission approved the use of the Barclay Apartments as workforce housing serving households earning up to 140%AMI at its May 6,2015 meeting.The London House project meets the eligibility criteria and has additional funding needs that were anticipated. The Administration recommends approval of the recapture of funds and reallocating the funds to the London House project to ensure compliance with HUD's timeliness standards and sufficient funding to complete the project. Advisory Board Recommendation: NA Financial Information: Source of Amount Account Approved Funds: / 1 $81,080 151.5222.000349 2 t_PE I Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Maria Ruiz Sign-Offs: Department Director Assistan City Manager ity Manager MLR e KGB JLM T:WGENDA\2016Uune Mousing and Community Services1Barclay HOME Funds Recapture Summary /A AGENDA ITEM G ���„/ MIAMIBEACH DATE 6' (o P- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of he City Co ission FROM: Jimmy L. Morales, City Manager DATE: June 8, 2016 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO RECAPTURE AND REALLOCATE $81,080 OF HOME INVESTMENT PARTNERSHIP (HOME) FUNDS TO THE LONDON HOUSE APARTMENTS PROJECT TO ENSURE COMPLIANCE WITH UNITED STATES HOUSING AND URBAN DEVELOPMENT DEPARTMENT (HUD) RULES AND REGULATIONS REGARDING THE TIMELY EXPENDITURE OF FUNDS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The City is a U.S. Department of Housing and Urban Development (HUD)-designated entitlement community, as determined by the decennial census information on population growth lag, age of housing stock, and poverty. The HOME Investment Partnership (HOME) Program was created in 1992 providing funding specifically for affordable housing. HUD allocates these funds to strengthen public/private partnerships and expand the supply of decent, safe, sanitary, and affordable housing for low-income families. The City has received HOME funds since the program's inception. As an entitlement community, the City receives an annual allocation of HUD funding. HUD requires entitlement jurisdictions to submit a Five-Year Consolidated Plan which establishes the strategic framework upon which the City utilizes its funds. The Consolidated Plan is augmented and refined by the City's annual submission of a One-Year Action Plan which delineates the specific projects and activities funded by each year's HUD allocation. The City has historically used HOME funds for multi-family rental housing. The HOME Program has timeliness requirements regarding the expenditure of funds. Funds must be committed to a project within two years of City's receipt, and expended within five years. HUD further requires its entitlement jurisdictions to ensure that funded activities are carried out in the defined project scope and within the timeframe allowed. The City's Action Plan is monitored throughout the year to ensure compliance with federal regulations and progress towards the National Objective, which stipulates that HOME-funded activities must create housing units that benefit low- and moderate-income persons who earn at or below 80% of the area median income (AMI). HOME Recapture and Reallocation June 8, 2016 Page 2 From time-to-time if the City recaptures and reallocates funds it may be necessary for the City to process a "Substantial Amendment" to the Five Year Consolidated Plan or the One Year Action Plans to allow for the funding of new activities, modification of existing activities, or other program administrative actions. This reallocation does not constitute a substantial amendment based on the following criteria: • It does not add an additional activity that has not already been defined in the Consolidated Plan or Action Plan; • The deletion of the Barclay Apartments Project has already occurred in the Consolidated Plan or Action Plan; • There is no change in the purpose, scope, location or beneficiaries previously described in the Consolidated or Action Plan; • The change in the use of funds does not increase the funding of the London House Apartments by 10% or more during the fiscal year. ANALYSIS The City previously awarded $500,000 of FY 2010/2011 HOME funds to Miami Beach Community Development Corporation's (MBCDC) Barclay Apartments. The funds were to be utilized to modernize the elevator and upgrade the electrical systems to meet the requirements of the 40-Year Building Re-Certification. Currently $299,722 has been drawn and expended by MBCDC in the project, leaving a balance of $200,278. At the April 9, 2014 City Commission meeting, through Resolution No. 2014-28536, $119,198 of that balance was recaptured. At that time, MBCDC still controlled ownership of the property and the future of the property was unclear, so the remaining $81,080 remained committed to the project for the following purposes: $ 6,408 Elevator Machine Room Contractor Retainage $ 6,300 Elevator Modernization Contractor Retainage $68,372 Electrical Contractor Remaining Contract Costs $81,080 Since the City has now taken ownership of the Barclay; the MBCDC project terminated; and the City does not intend to develop the property for individuals/families with household income at or below 80% of Area Median Income (AMI); the funds must be recaptured from the MBCDC project and recommitted in the IDIS system to a HOME-eligible housing project. The London House Apartments project meets the eligibility criteria and has additional funding needs that were anticipated. CONCLUSION The Administration recommends approval of the recapture of funds and reallocating the funds to the London House Apartments to ensure compliance with HUD's timeliness standards and sufficient funding to complete the project. JLM/KGB/MLR/ARB T:\AGENDA\2016\June 8\Housing and Community Services\Barclay HOME Funds Recapture Memo